You can refuse to submit to a preliminary breath test (PBT) at the scene of the alleged crime if you are asked to take one in Colorado, but you probably should consider enlisting the aid of a good defense attorney if you refuse a blood test. A driver suspected of DUI is asked to submit to a blood alcohol content (BAC) test to see if there is presence of alcohol in his blood and if it is over the legal limit.
Your BAC could be higher than usual even if you did not drink a drop of alcohol. Some medications contain a fair amount of alcohol and could cause the machine to malfunction. Contact my law firm to schedule your free initial consultation.
There are a number of factors to consider if Breathalyzer test results were used to charge you with DUI or DWAI. I consider the following to determine if the results of a Breathalyzer test were valid:
- Was the police officer certified to administer the test?
- Did any chemical factors affect the results of the test, such as hypoglycemia?
- Was the machine properly programmed?
- Did the police officer follow the 20-minute observation period before administering the Breathalyzer test?
- Was the test administered within two hours of when the defendant was operating a motor vehicle?
- Were other testing standards met?